Ex Parte Berger et al - Page 2

                 Appeal 2006-2640                                                                                       
                 Application 10/364,657                                                                                 

                        Claim 1 illustrates Appellants’ invention of a method of making a loaf                          
                 of crustless, sliced bread from a rectangular prismatic loaf of bread, and is                          
                 representative of the claims on appeal:                                                                
                        1.  A method of making a loaf of crustless, sliced bread from a                                 
                 rectangular prismatic loaf of bread, the method comprising:                                            
                        decrusting the bread by moving the load of bread longitudinally past                            
                 cutting blades to remove the crust from four sides of the loaf of bread;                               
                        slicing the crustless bread by moving the loaf transversely past a                              
                 plurality of blades to slice the loaf; and                                                             
                        packaging the loaf by moving the loaf longitudinally to a packaging                             
                 station.                                                                                               
                        The references relied on by the Examiner are:                                                   
                 Duke     US 1,493,326          May   6, 1924                                                           
                 Van Poolen    US 2,669,377          Feb. 16, 1954                                                      
                 Mantelet    US 3,406,730          Oct.  22, 1968                                                       
                 Otto     US 4,195,098          Mar. 25, 1980                                                           
                 Koberlein    US 4,512,137          Apr. 23, 1985                                                       
                 http://web.archive.org/web/20021019181238/http://www.baking911recipes.                                 
                 com/bread_pullmanloaf.htm, pages 1-2 (10/2002) (baking911recipes)                                      
                        The Examiner has advanced the following grounds of rejection on                                 
                 appeal:                                                                                                
                 claims 1 through 9, 18 through 20 and 24 through 28 under 35 U.S.C.                                    
                 § 103(a) as being obvious over Duke in view of Mantelet and Koberlein                                  
                 (Answer 3-5);                                                                                          
                 claims 10 through 17, 23, 29 through 35 and 39 under 35 U.S.C. § 103(a) as                             
                 being unpatentable over Duke in view of Mantelet and Koberlein, as applied                             
                 above, further in view of Otto (Answer 5-6); and                                                       
                 claims 21 and 22 under 35 U.S.C. § 103(a) as being unpatentable over                                   
                 further in view of Duke in view of Mantelet and Koberlein, further in view                             
                 of Otto, Van Poolen and baking911recipes (Answer 6).                                                   
                        We affirm.                                                                                      

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